26 Fla. L. Weekly D2093d
Torts — Order adding insurance company as party defendant and judgment debtor to a judgment against school based upon finding in related insurance coverage declaratory judgment case that insurance company was school’s insurer at time of accident summarily reversed in view of fact that appellate court reversed the final judgment stemming from the declaratory action and remanded for entry of judgment in insurance company’s favor
FORIEST WILLIAMS and NATIONAL INDEMNITY COMPANY OF THE SOUTH, Appellants, v. NAKISHIA FREEMAN, CLARENCE FREEMAN, her husband, and ELIZABETH DAVIS, Appellees. 4th District. Case Nos. 4D00-2467 and 4D00-4248. Opinion filed August 29, 2001. Consolidated appeals from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Kathleen J. Kroll, Judge; L.T. Case No. CL 97-10934 AG. Counsel: G. Bart Billbrough of Cole, White & Billbrough, P.A., Miami, for appellant National Indemnity Company of the South. William W. Price of William W. Price, P.A., and Philip M. Burlington of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, for appellee Elizabeth Davis.
(PER CURIAM.) Appellant National Indemnity Company of the South (“NICO”) instituted the present appeal to obtain review of a final order which added it as a party defendant and judgment debtor to a judgment obtained by appellee Davis against appellees R.J. Hendley Christian Education Center, Inc., f/k/a Greater Bethel Christian School (“school”), and Foriest Williams. NICO had been added to Davis’ judgment upon a finding in a related insurance coverage declaratory judgment case that NICO was the school’s insurer at the time of the subject accident between Davis, the school, and Williams. However, the final judgment stemming from that declaratory action was reversed and remanded for entry of judgment in NICO’s favor. Nat’l Indem. Co. of the S. v. Consol. Ins. Svcs., 778 So. 2d 404 (Fla. 4th DCA), cause dismissed, No. SC01-1180 (Fla. June 14, 2001). Given the fact that NICO was added to the tort judgment because the trial court deemed it the school’s insurer under section 627.4136(4), Florida Statutes, and the fact that this court has reversed that decision, we agree with the parties that the instant order on appeal should be summarily reversed as well.
REVERSED and REMANDED with instructions that the trial court enter judgment in favor of NICO. (POLEN, C.J., STEVENSON and HAZOURI, JJ., concur.)
